Pettibone v. Griswold
Supreme Court of Connecticut
This was a bill in chancery to foreclose the equity of redemption of the defendants in certain mortgaged premises. The bill stated, that on the 3d day of July, 1815, Giles Griswold, for the consideration of 4000 dollars, conveyed to the plaintiff’s testator three pieces of land in Burlington, by a deed containing the usual covenants of seisin and warranty, to which there was a condition annexed, that if the said Giles Griswold, his executors, &c. should pay said grantee one…
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This was a bill in chancery to foreclose the equity of redemption of the defendants in certain mortgaged premises. The bill stated, that on the 3d day of July, 1815, Giles Griswold, for the consideration of 4000 dollars, conveyed to the plaintiff’s testator three pieces of land in Burlington, by a deed containing the usual covenants of seisin and warranty, to which there was a condition annexed, that if the said Giles Griswold, his executors, &c. should pay said grantee one note of even date therewith, executed to said grantee, for 4000 dollars, payable in six months, at the Hartford bank,…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff has brought his bill to foreclose a mortgage, the condition of which is, to secure to the mortgagee the payment of a note accurately described, which, it is presumed, has been paid, as there is no allegation of nonpayment; and likewise to secure, “all other notes the said grantee might indorse for or give for said Griswold, at the bank or elsewhere, and all receipts said Pettibone, deceased, might hold against said Griswold.” The land mortgaged has been levied on, by executions against the mortgagor; and the controversy is between the mortgagee and the execution…
2Cited by31 opinions
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- New v. SailorsIndiana Supreme Court · 1888
- Bowen v. RatcliffIndiana Supreme Court · 1895
- McDaniels v. ColvinSupreme Court of Vermont · 1844
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